Restrictive Covenant

[Wanderer]

Even if you had opted in, what if the client has a contract with the agency which contains a restrictive covenant? I've seen client/agency contracts with 12 month clauses.

The law regulates the agency in ALL of their business dealings so if the worker is smart enough to not opt out then the restrictive covenant is NOT enforceable against the worker OR against the end client.

This doesn't stop the agency from trying to bulltulip the client (or worker for that matter) into thinking that it is and indeed bluff and bluster like this is their stock in trade.

[Darksider]

You should technically be fine.

This has happened to me before and got away with it due to name change of the two trusts. It's a situation completely out of your control, so I would just keep quiet about it and see how it plays out. Trusts joining together usually take ages anyway. I would be more concerned with the two trusts joining that they end contracts during their restructure, rather than handcuff clauses.

[chineseJohn]

Thanks for your comments. I may seek some legal advice on this.

I've done some digging around,an annoucement will take place around Sept/Oct time. I will let you know what happens.

[ruasonid]

Even if you had opted in, what if the client has a contract with the agency which contains a restrictive covenant? I've seen client/agency contracts with 12 month clauses.

[Wanderer]

Tell agency A to foxtrot oscar.

Yep. If the agency has a problem then they can go and fight it out with the other agency and/or the client. Most likely some deal has been struck and they are trying to pull the wool over the contractor's eyes.

If it comes to it, your opening shot with the solicitors letter would be that the opt out wasn't done at the right time so isn't valid.

[Old Greg]

opted out I'm afraid

Then listen to Sue Ellen. She's much wiser and more sensible than me.

[chineseJohn]

You think? Check.

opted out I'm afraid

[SueEllen]

actually according agency A - even new entities are covered by restrictive covenant .. as I'm in a dispute with one at the moment but that's another thread ....

Tell agency A to foxtrot oscar.

And if they refuse a polite letter from a solicitor will make them see sense.

I find agencies more co-operative with a solicitor involved.

[Old Greg]

hmm i think i'm opted out

You think? Check.

[chineseJohn]

hmm i think i'm opted out

[Old Greg]

actually according agency A - even new entities are covered by restrictive covenant .. as I'm in a dispute with one at the moment but that's another thread ....

Opted in or out?

[chineseJohn]

No, because you won't be working with NHS A or B any more - you'd be contracting with NHS AB which is a new entity.

actually according agency A - even new entities are covered by restrictive covenant .. as I'm in a dispute with one at the moment but that's another thread ....

[Old Greg]

No, because you won't be working with NHS A or B any more - you'd be contracting with NHS AB which is a new entity.

Possibly more complex than that, but the fact that he's working for B before the merger must put him in the clear. And is the 12 months enforceable in any case?

[TheFaQQer]

I have a potential interesting scenario that could happen.

I use to work for an NHS Organisation called NHS A through Agency A until March 2013.
I work for an NHS organisation called NHS B through Agency B.

Agency A has a restrictive covenant of 12 months with NHS A.

There's a rumour that NHA A and NHS B might be merging (possibly within 12 months).

So could agency A stake a claim against me because it's within 12 months.

No, because you won't be working with NHS A or B any more - you'd be contracting with NHS AB which is a new entity.

[chineseJohn]

I have a potential interesting scenario that could happen.

I use to work for an NHS Organisation called NHS A through Agency A until March 2013.
I work for an NHS organisation called NHS B through Agency B.

Agency A has a restrictive covenant of 12 months with NHS A.

There's a rumour that NHA A and NHS B might be merging (possibly within 12 months).

So could agency A stake a claim against me because it's within 12 months.